News

The ‘Right to Contest’ 02/10/2020

Planning Site

Has your council ever used the ‘Right to Contest’ for unused land to be brought back to use in your community?  If yes, NALC is interesting in hearing you.

MHCLG are looking to refresh the Right to Contest process looking at its effectiveness and usefulness and have engaged with NALC to work with local councils.  Essentially the Right to Contest is a right that any member of the public or body has to ‘contest’ any land owned by a public body that is unused or underused which could be brought back into use. The Right to Contest was previously known as the Community Right to Reclaim Land.

The Right to Contest has two strands: strand 1 covers central government bodies on a voluntary, non-statutory basis, and is administered by the Cabinet Office. Strand 2 covers bodies (local authorities and other certain public bodies) set out in Schedule 16 of the 1980 Act, and is administered by MHCLG.

Where a request is made under Strand 2 of the Right to Contest about a particular piece of land, MHCLG will communicate with the relevant landowner to identify its status. The decision on whether to direct that the land be released will be made on the basis of whether the land or property is in use or whether it is likely to be used in a suitable period of time.

MHCLG would be grateful if member councils could please complete this very short snapshot survey which will help inform how MHCLG progresses its refresh of Strand 2 of the Right to Contest.  It will take a few short minutes to complete. Even if you nothing about this right – please complete the survey.

The deadline for completion of the survey is 17:00 on Friday 9 October.

 

Complete NALC's snapshot survey